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DECISION No

DECISION No. 627/1999/QD-BYT OF MARCH 2, 1999 PROMULGATING THE REGULATION ON ORGANIZATION AND OPERATION OF VIETNAM HEALTH INSURANCE

THE MINISTER OF HEALTH

Pursuant to Decree No.68/CP of October 11, 1993 of the Government defining the tasks, powers and organizational structure of the Ministry of Health;

Pursuant to Decree No.58/1998/ND-CP of August 13, 1998 of the Government promulgating the Regulation on Health Insurance;

Pursuant to Official Dispatch No.25/TCCP-TCBC of January 21, 1999 of the Minister-Head of the Government Commission for Organization and Personnel on the agreement to issue the Regulation on Organization and Operation of Vietnam Health Insurance;

At the proposal of the Director of the Health Ministry’s Organization and Personnel Department,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on Organization and Operation of Vietnam Health Insurance.

Article 2.- This Decision takes effect as from January 1st, 1999.

Article 3.- The director of the Office, the directors of the Organization and Personnel Department, the Legal Department, the Therapy Department, the Finance-Accountancy Department and the Planning Department of the Ministry of Health as well as the General Director of Vietnam Health Insurance shall have to implement this Decision.

Minister of Health

DO NGUYEN PHUONG

REGULATION ON ORGANIZATION AND OPERATION OF VIETNAM HEALTH INSURANCE

(Issued together with Decision No.627/1999/QD-BYT of March 2, 1999 of the Minister of Health)

Chapter I

GENERAL PROVISIONS

Article 1.- Vietnam Health Insurance is established under the Government’s Decree No.58/1998/ND-CP of August 13, 1998 in order to manage and implement the health insurance policy according to the regulations of the State.

Article 2.- Vietnam Health Insurance is attached to the Ministry of Health, has legal person status, its own bank accounts and seal, conducts business cost-accounting independently from the State budget, is protected by the State, and has its head office situated in Hanoi City.

Article 3.- Vietnam Health Insurance is organized and managed in a concentrated and unified system, from the central to grassroots levels.

Article 4.- The fund for regular operation of Vietnam Health Insurance is deducted from the health insurance revenues according to the provisions of the Regulation on Health Insurance and legal documents guiding the implementation thereof issued by the competent State agencies.

Chapter II

TASKS AND POWERS OF VIETNAM HEALTH INSURANCE

Article 5.- Vietnam Health Insurance has the following tasks and powers:

1. To organize the nationwide implementation of the Health Insurance Regulation, issued together with Decree No. 58/1998/ND-CP of August 13, 1998 of the Government;

2. To manage the revenues and expenditures of the health insurance fund in the whole country; to propose plans for preservation and development of the health insurance fund and organize the implementation thereof after they are ratified; print, issue and manage the health insurance cards;

3. To manage organizations, personnel as well as material and technical bases within the entire health insurance system according to the stipulations of the State;

4. To organize the training, re-training and fostering of professional skills for personnel; to study and apply scientific-technological advances in the health insurance field; to promote the international health insurance cooperation under the authorization of the Minister of Health;

5. To consider and settle complaints and/or denunciations of the health insurants according to its competence;

6. To organize the work of information, propagation and explanation for the health insurance regime and policies.

Chapter III

GENERAL DIRECTOR AND HIS/HER ASSISTING APPARATUS

Article 6.- Vietnam Health Insurance is managed and run by its General Director according to the one-boss regime. Assistant to the General Director are the Deputy General Directors.

Vietnam Health Insurance’s General Director shall be appointed and dismissed by the Minister of Health at the proposal of Vietnam Health Insurance Management Board and after consulting the Minister-Head of the Government Commission for Organization and Personnel. Vietnam Health Insurance’s Deputy General Directors shall be appointed and dismissed by the Minister of Health at the proposal of Vietnam Health Insurance General Director;

The assisting apparatus of Vietnam Health Insurance’s General Director is composed of:

1. The Office,

2. The Exploitation Department,

3. The Expertise Department,

4. The Planning-Finance Department,

5. The Organization- Personnel Department,

6. The Internal Audit Department,

7. The International Cooperation Department,

8. The Information and Propaganda Department,

9. The Informatics Center,

10. The Training Center,

11. Vietnam Health Insurance’s Representative Office in Ho Chi Minh City.

Vietnam Health Insurance’s General Director shall specify the functions, tasks, powers and working relationship of the above-said organizations.

Article 7.- Tasks and powers of Vietnam Health Insurance’s General Director:

1. To efficiently use various resources for development of the cause of health insurance;

2. To elaborate the development strategy and action plan to be submitted to Vietnam Health Insurance’s Management Board and organize the implementation thereof after they are ratified.

3. To elaborate and submit to the State management agencies plans on labor, wages and specific health insurance regime in conformity with the State’s regulations;

4. To appoint, dismiss and specify functions, tasks and powers of the following titles: directors and deputy directors of the office, heads and deputy heads of the departments and directors and deputy directors of the centers of Vietnam Health Insurance, after getting the consent of the Minister of Health;

5. To appoint, dismiss and transfer directors of Health Insurance of the provinces, centrally-run cities and branches after consulting the People’s Committees of the respective provinces or centrally-run cities, the branch leadership as well as the Minister of Health. Where opinions are divergent, Vietnam Health Insurance’s General Director shall make appointment and dismissal at the direction of the Minister of Health;

To appoint and dismiss the deputy directors, chief accountant, section heads and equivalent titles of the Health Insurance of the provinces, centrally-run cities and branches;

6. To establish and specify functions, tasks, powers and working relations of the Health Insurance branches of the districts, provincial towns and cities (referred to collectively as the district Vietnam Health Insurance branches) and the specialized professional sections of the Health Insurance of the provinces, centrally-run cities and branches;

7. To establish criteria for officials and employees in the Vietnam Health Insurance system and submit them to the Minister of Health for ratification;

8. To determine the staff and allocate labor norms in the Vietnam Health Insurance system, based on the tasks, wage fund and development requirements of Vietnam Health Insurance;

9. To take in and assign tasks to officials and employees and issue, direct the implementation of the procedures for recruitment of officials, employees as well as laborers in the Vietnam Health Insurance system;

10. To decide the annual wage raise according to the current regulations, for officials, employees and laborers with titles equivalent to expert downward.

Chapter IV

HEALTH INSURANCE OF PROVINCES AND CENTRALLY-RUN CITIES, AND HEALTH INSURANCE OF BRANCHES

Article 8.- The Health Insurance of the provinces and centrally-run cities and Health Insurance of branches are units attached to Vietnam Health Insurance, having their own legal person status, head offices, bank accounts and seals.

Article 9.- The Health Insurance of the provinces and centrally-run cities and branches shall be managed and run by their respective directors according to the one-boss regime. The director shall be assisted by the deputy directors.

The assisting apparatus of the director of the Health Insurance a province or centrally-run city or a branch is composed of:

1. The Administration-General Affairs Section,

2. The Exploitation Section,

3. The Expertise Section,

4. The Accountancy Section.

Particularly, the Health Insurance of Hanoi and Ho Chi Minh City may establish the organization and personnel section.

Article 10.- Tasks and powers of the director of the Health Insurance a province or centrally-run city or a branch:

1. To organize the implementation of and implement the Health Insurance policies within the ambit of his/her assigned responsibilities according to the direction and administration of Vietnam Health Insurance’s General Director; to elaborate projects and plans on the voluntary health insurance to be submitted to Vietnam Health Insurance’s General Director, and organize the implementation thereof after they are ratified;

2. To manage and use the health insurance fund, to pay the costs of medical examination and treatment covered by health insurance in strict compliance with the State’s current regimes and regulations so as to ensure the interests of the health insurance card holders;

3. To draw up a project on the establishment of the district health insurance branches and submit it to Vietnam Health Insurance’s General Director for decision;

4. To appoint and dismiss the deputy heads of sections of the provincial, municipal and branch Health Insurance, heads and deputy heads of the district Health Insurance after getting consent of Vietnam Health Insurance General Director;

5. To sign labor contracts with definite terms with laborers after getting the consent of Vietnam Health Insurance’s General Director;

6. To perform other tasks as authorized by Vietnam Health Insurance’s General Director.

Article 11.- A district Health Insurance branch is attached to the provincial/municipal Health Insurance, managed by its head, has its own office and seal for transactions. The specific tasks and powers of the district Health Insurance branch shall be specified by the General Director of Vietnam Health Insurance.

Minister of Health

DO NGUYEN PHUONG